HomeMy WebLinkAboutStandard Pacific of San Diego; 1983-07-01;Costa Real Municipal Water District
5950 El Cami no Real
Carlsbad, CA 92008
July 6, 1983
Re: Permission for Access, to Maintain and Operate an
Existing pipeline in Conjunction with Sea Pines
Carlsbad Tract No. 83-2 --Lateral 11 K11 Pipeline Agreement
Gentlemen:
Standard Pacific of San Diego is the owner of that portion of
Section 28, Township 12 south, Range 4 west, San Bernardino Meridian,
w hi ch i s north e.a st er l y and east of Poi n sett i a Lane and Lagoon Lane •
I,l)c0~~lct~6-. Led.s4~ , acting on behalf of Standard Pacific of
San Di go, hereby grant permission to Costa Real Municipal Water District
the right to enter the property for the purposes of operating and main-
taining the pipeline as necessary. The said pipeline being existing
waterline as shown on the plan entitled "Exhibit A11 , consisting of two
sheets.
RECEIVED
JUL O 7 1983
WOODSIDE-KUBOTA & ASSOC.
CONSULTING ENGll'--!EERS
CARLSBAD
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AGREEMENT
11 L ATE RA L K II P I ·P E L I N E R I G H T -0 F -W A Y
IMPROVEMENT DISTRICT NO. 2
COSTA REAL MUNICIPAL WATER DISTRICT
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This agreement made this 1st day of · July , 1983, -------=-------
between COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water district,
successor in interest to Carlsbad Municipal Water District, hereinafter
for convenience referred to as "COSTA REAL,'11 and STANDARD PACIFIC OF SAN
DIEGO, a California Co _rporation, hereinafter for convenience referred to
as "PROPERTY OWNER.11 '
W I T N E S S
1. COSTA_ REAL owns, operates, and maintains a -pipeline system
.,
known as the "Lateral K" Pipeline, which traverses the land of the PROPERTY
OWNER. The pipeline is lotated within an easement area as· set ·forth in
the right-of-way document executed by Rancho La Costa, a limited partner-
ship, as grantor to Carlsbad Municipal Water District as grantee, recorded
October 28, 1958, as File/Page No. 179225, Book 7323, Page 13, Official
Records, San Diego _County, California •.
2. Under the terms and conditions for the granting of the original
right-of-way, the PROPERTY OWNER is responsible for obtaining written .
permission ·from the Grantee, in this case COSTA REAL, to 11 increase or
decrease, or permit to the increased or decreased, the exis~ing ground
. . elevations of the above-described -right-of-way at the time this document
is executed" (excerpt from the original· easement deed as recorded).
· 3. The PROPERTY OWNER has submitted to COSTA REAL an engineering
-construction drawing identifying the existing pipeline and right-of-way
with the engineering desi.gn details of the proposed grading operation for
the Carlsbad Tract No •. '83-2, 11 Sea Pines" subdivision that will result in
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the elevation of the ground surface being increased over the pipeline
easement area. This engin~ering construction drawing is identified as
follows: 11 Exhibit A11 --11 Lateral K11 Pipeline.
4. COSTA REAL has evaluated the proposal of the PROPERTY OWNER .
and is willing to grant this written permission to increase ·the ground
elevation over the right-of-way subject to the terms and conditions as
set forth herein.
IT IS, THEREFORE, AGREED:
A. COSTA REAL hereby grants permission to the PROPERTY OWNER to
increase the elevation of the ground above the existing right-of-way to
the extent as set forth in .the engineering construction drawings identified
as 11 Exhibit A11 • __ 11 Lateral K11 Pipeline.
B. The PROPERTY OWNER shall agree to reimburse COSTA REAL for all
,,
COSTA REAL'S 'expenses for the repair and maintenance of the existing 12-
inch pipeline that COSTA REAL determines appropriate as a result of
the construction activity of mass-grading operations or as a result of
the excess overburden (fill) placed on top of the existing pipeline.
C. The PROPERTY OWNER shall agree to grant to COSTA REAL permission
to traverse the lands of the PROPERTY OWNER as necessary to gain access to
the existing pipeline easement ayer any and all .practical routes for the
purpose of operations and maintenance •
•
D • The PROPERTY OWNER sh al l ob ta i n the w r i t ten perm i s s i o r:i o_f the
property owner adjoining the PROPERTY OWNER's land to the immediate west
of the entire pipeline route that is being. filled over to allow COSTA REAL
to gain access to the pipeline easement area for the purpose of ·operations
and maintenance.
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E. The term of this agreement will be for one (1) year.
F. This agreement shall be binding upon and inure to the
benefit of the as~igns and successors in-interest of each party.
STANDARD PACIFIC OF SAN DIEGO,
a California Corporation
COSTA REAL MUNICIPAL WATER DISTRICT
t
Ill a: Ill X
Ill i. ~ "'
By:&b.t.~
CAT. NO. NN00737
TO 1945 CA (7-82)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF San Diego } ss.
General Manager
.TITLE INSURANCE AND TRUST
A TlCOR COMPANY
On July 6, 1983 before me, the undersigned, a Notary Public in and for
said State, personally appeared S. E. Thompson
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the Vice
President, and Jerry Saxe
_________ personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
Assistant Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand a~d offic~
Signature £_£ a.~ 2J
)'.
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@!!iWlmlfil_l.il§1§'gJ§l0I§l§1§J!fil§1§L~~ ii OFFICIAL SEAL u
ffil ; JULIE A. KIRK I. :J NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE. IN
SAN DIEGO COUNTY
"' My Commission Exp. Apr. 26, 1985
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(This area for official notarial seal)